web analytics
October 21, 2014 / 27 Tishri, 5775
At a Glance
InDepth
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



Palestinian Statehood, Terror, And The U.S. Presidential Election (First of Two Parts)


Beres-Louis-Rene

President Obama and Governor Romney strongly disagree on many issues but the daylight between them is especially great in the imminent matter of Palestinian statehood. For his part, the president still believes in a two-state solution, and in a corollary willingness of the Palestinian side to negotiate fairly. His opponent is unambiguous in a fully contrary insistence that the Palestinians are not interested in peace.

One thing is certain. Jurisprudentially and strategically, Romney’s position here is substantially more compelling. After all, both the Palestinian Authority and Hamas are clear in their continuing commitment to use force for “self-determination” and “national liberation.” For these two contending factions, this belligerent commitment would make sense even after a formal granting of Palestinian sovereignty. This is because, in their view, and on their maps, all of Israel proper would still remain “Occupied Palestine.”

What would be the legal status of any such post-independence expressions of Palestinian violence against Israeli citizens (noncombatants)? In broad terms, these expressions would be determinably criminal. More narrowly, they would constitute terrorism.

Under binding international law, a fully constituted or at least a UN-birthed state of Palestine would be unable to justify any linguistic transformations of an impermissible insurgency into permissible “self-defense.”

Terrorism, as I have pointed out in the past, is a codified and customary crime under international law. Its explicit criminalization can be discovered in all of the authoritative sources of international law listed at Article 38 of the Statute of the International Court of Justice. Now, though unacknowledged by President Obama, whenever Palestinian “militants” claim the right to use “any means necessary” against an alleged Israeli “occupation,” their arguments are legally unsupportable and crudely contrived.

Both Obama and Romney should always be prepared to look behind the news. Even if Palestinian claims for “national self-determination” should soon be supported at the UN, most likely, it seems, as a non-member state, there will still remain ascertainable and firm limits on the allowable targets of insurgent violence, and on the permissible levels of such violence. This is the case even though any post-independence Palestinian resorts to force would now be more or less state-supported.

Both candidates should understand: Palestine’s most probable future is written in its well-documented and bloody past. The strictly limited rights of insurgency under international law can never include the use of nail-filled bombs directed at children and other innocent noncombatants. (Sometimes these projectiles have first been dipped painstakingly in rat poison.)

Under even their most generous definition in jurisprudence, these particular and restricted rights to the use of force can never supplant the settled or peremptory rules of humanitarian international law. More popularly, these rules are known as the law of war, or the law of armed conflict.

At its heart, of course, international law intends to “make sense.” Nowhere is it written that certain political goals are so flagrantly worthy of implementation that their satisfaction can ever allow the deliberate incineration of infants in their cribs, or of children in school or at play. One doesn’t need to be a professor of international law to understand such an elementary expectation of human decency. Further, under international law, it won’t matter at all if such conspicuously murderous strategies are launched by a now recognized sovereign state.

From the beginning, supporters of Palestinian terror against Israelis have argued, disingenuously, that the desired end of their “sacred” insurgency (Palestinian independence) automatically justifies their adopted means (willful and indiscriminate attacks on Jewish civilians). Leaving aside the everyday and ordinary ethical standards by which any such argument must be manifestly unacceptable, the ends can never justify the means under conventional or customary international law. Never.

For more than two thousand years, the binding principles of world law have stipulated that intentional forms of violence that are directed against the innocent are always repugnant. Hence, prima facie, these forms are always prohibited.

One person’s terrorist can never be another person’s freedom fighter. Though it’s fashionable to insist at university or embassy cocktail parties that one person’s terrorist can indeed be another person’s freedom fighter, this popular expression is utterly facile, a thoroughly empty witticism devoid of any meaningful legal content.

While it is true that certain insurgencies can be judged per se lawful (after all, the idea of “just cause” can be found, inter alia, in the Declaration of Independence of the United States), these residually permissible resorts to force must nonetheless conform to the longstanding laws of war.

…To Be Continued Next Week

About the Author: Louis René Beres, strategic and military affairs columnist for The Jewish Press, is professor of Political Science at Purdue University. Educated at Princeton (Ph.D., 1971), he lectures and publishes widely on international relations and international law and is the author of ten major books in the field. In Israel, Professor Beres was chair of Project Daniel.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Palestinian Statehood, Terror, And The U.S. Presidential Election (First of Two Parts)”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Steve Emerson, author, journalist and terrorism expert.
Haaretz Smears American Terrorism Expert with Political Hit Job
Latest Indepth Stories
Map of Syria-Turkish border area, pinpointing Kurdish border town of Kobani, just taken by ISIS terror forces Oct 7, 2014.

Turkey and Iran the 2 regional powers surrounding the ISIS conflict gain from a partial ISIS victory

The Rosenstrasse area of Berlin, where Jewish husbands of non-Jewish German wives were held.

Emigration from Israel is at an all-time low, far lower than immigration to Israel from Europe.

NY rally against Met Opera's 'Death of Klinghoffer' opera. Sept. 22, 2014.

Leon Klinghoffer’s daughters: “‘Klinghoffer’ is justified as ‘a work of art’…This is an outrage.”

Guess who's behind the door?

Do you seriously think that as you kidnap our children we should medically treat and help yours?

Sometimes collective action against the heinous acts of the majority is not enough. The world should not only support the blockade of Gaza; it must enforce the dismantling of Hamas.

The Arab Spring has challenged Jordan with the task of gradual reform with regard to its monarchy.

Israel offered Syria the entire Golan Heights, only to find that the Syrians were demanding MORE!

Israeli hasbara too can be described at best as pathetic, at worst non existent.

A ‘good news’ story from the Nepal avalanche disaster to warm your heart. Take out your Kleenex.

Journalists see the Israeli-Palestinian conflict as morality play: Israel=evil; Palestine=innocent

Warsaw Ghetto: At its height, the Nazis walled in some 500,000 Jews within the1.3 square mile area.

While police officers face dangers every day on the job, Jews also face danger in their daily lives.

Carter developed a fondness for Arafat believing “they were both ordained to be peacemakers by God”

If Hamas is ISIS, the world asks, why didn’t Israel destroy it given justification and opportunity?

That key is the disarming of Hamas and the demilitarization of Gaza – as the U.S., EU, and others agreed to in principle at the end of Operation Protective Edge.

We have no doubt there are those who deeply desire to present themselves as being of a gender that is not consistent with their anatomy, and we take no joy in the pain and embarrassment they suffer.

More Articles from Louis Rene Beres
Louis Rene Beres

President Obama’s core argument on a Middle East peace process is still founded on incorrect assumptions.

Louis Rene Beres

Once upon a time in America, every adult could recite at least some Spenglerian theory of decline.

President Obama’s core argument is still founded on incorrect assumptions.

Specific strategic lessons from the Bar Kokhba rebellion.

Still facing an effectively unhindered nuclear threat from Iran, Israel will soon need to choose between two strategic options.

For states, as for individuals, fear and reality go together naturally.

So much of the struggle between Israel and the Arabs continues to concern space.

An undifferentiated or across-the-board commitment to nuclear ambiguity could prove harmful to Israel’s’s overall security.

Printed from: http://www.jewishpress.com/indepth/columns/louis-bene-beres/palestinian-statehood-terror-and-the-u-s-presidential-election-first-of-two-parts/2012/10/17/

Scan this QR code to visit this page online: